H.R. 7002 — Justice for Exploited Children Act

This section increases criminal and civil penalties for child labor violations under the Fair Labor Standards Act (FLSA), which prohibits (under section 15(a)(4)) the employment of minors in hazardous occupations (e.g., operating power-driven machinery, mining). (1) Criminal penalties.—Revises FLSA section 16(a) to retain penalties of up to a $10,000 fine and/or six months imprisonment for willful violations of other section 15 provisions; adds penalties of up to a $100,000 fine and/or five years imprisonment for repeated or willful violations of section 15(a)(4); and adds penalties of up to a $500,000 fine and/or 10 years imprisonment if such a violation was willful and resulted in the death or serious injury of an employee under age 18, or repeated with a prior violation each resulting in such death or serious injury. (2) Civil penalties.—Revises FLSA section 16(e) to increase penalties for child labor violations to not less than $1,000 and not more than $150,000 (from $11,000), doubled for repeated or willful violations; increases penalties for violations causing serious injury to not less than $25,000 and not more than $601,150 (from $50,000), doubled for repeated or willful violations, and deems them mandatory (from discretionary); and establishes penalties of not less than $50,000 and not more than $601,150 (doubled for repeated or willful violations) for violations causing the death of an employee under age 18. (Thus, maximum civil penalties increase substantially for all child labor violations, with mandatory assessments and higher minimums for severe cases.) (3) Effective date.—Applies these amendments to violations occurring on or after the date of enactment.